CIT Again Remands Wind Tower AD Investigation

The Court of International Trade on Oct. 11 remanded the antidumping duty investigation on wind towers from Spain for the second time. Judge Timothy Stanceu said that after individually investigating exporter Siemens Gamesa on the first remand, Commerce illegally levied a 73% adverse facts available rate on the company after collapsing it with affiliated supplier Windar Renovables and five of Windar's subsidiaries. Commerce unlawfully relied on the conclusion that the 73% AFA rate on Windar set in the original AD investigation was final and controlling and improperly used AFA on Siemens Gamesa given the record evidence, Stanceu said.